SHYLA Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner has come to this Court with this petition for issue of a writ of Habeas Corpus to direct the production and release from custody of her husband, Mujeeb, (hereinafter referred to as the detenue), who stands preventively detained as per Ext.P1 order dt. 4.5.2010 passed under section 3 of the Kerala Anti-social Activities (Prevention) Act, (hereinafter referred to as KAAPA).

(2.) The order of detention is passed by the second respondent, District Magistrate, on the basis of a report of the Sponsoring Authority i.e. the third respondent, Superintendent of Police. In execution of Ext.P1 order, the detenu was taken into custody on 15.5.2010. The order of detention was approved by the Government under section 3(3) by order dt. 26.5.2010. The order of detention was later confirmed under section 10(4) of the KAAPA vide Ext.P2 order dt. 16.7.2010. The detenu continues in custody from 15.5.2010 and will have to remain in custody till 15.11.2010.

(3.) The detenu has been categorised as a 'known rowdy'. According to the Sponsoring/Detaining Authorities there are five cases registered against him. The details of the five cases are given below.